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Expert Analysis

Using Prior Art In Patentability Args Amid Fed. Circ. Confusion

By Michael Kiklis and Matthew Zapadka ( November 18, 2020, 5:27 PM EST) -- The U.S. Supreme Court has seesawed on whether consideration of prior-art-based arguments, such as novelty, belong in a Section 101 inquiry. Where we stand today is the Supreme Court embraced that approach in Mayo Collaborative Services v. Prometheus Laboratories Inc....

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